Regulation (EU) No 258/2012 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition

CHAPTER IIU.K.EXPORT AUTHORISATION, PROCEDURES AND CONTROLS AND IMPORT AND TRANSIT MEASURES

Article 4U.K.

1.An export authorisation established in accordance with the form set out in Annex II shall be required for the export of firearms, their parts and essential components and ammunition listed in Annex I. Such authorisation shall be granted by the [F1Secretary of State] and shall be issued in writing or by electronic means.

2.Where the export of firearms, their parts, essential components and ammunition requires an export authorisation pursuant to this Regulation and that export is also subject to authorisation requirements in accordance with [F2the Export Control Order 2008], [F3the Secretary of State] may use a single procedure to carry out the obligations imposed on [F4the Secretary of State] by this Regulation and by that [F5Order].

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Textual Amendments

[F7Article 5U.K.

1.The Secretary of State may by regulations amend Annex I.

2.Regulations under this Article are to be made by statutory instrument.

3.Regulations under this Article:

(a)may make different provision with respect to different cases or descriptions of case;

(b)may include—

(i)incidental, supplementary or consequential provision;

(ii)transitional, transitory or saving provision.

4.A statutory instrument containing regulations under this Article is subject to annulment in pursuance of a resolution in either House of Parliament.]

Textual Amendments

F8Article 6U.K.

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Textual Amendments

Article 7U.K.

1.Before issuing an export authorisation for firearms, their parts and essential components and ammunition, the [F9Secretary of State] shall verify that:

(a)the importing third country has authorised the relevant import; and

(b)the third countries of transit, if any, have given notice in writing — and at the latest prior to shipment — that they have no objection to the transit. This provision does not apply:

  • (b)to shipments by sea or air and through ports or airports of third countries provided that that there is no transhipment or change of means of transport,

  • in the case of temporary exports for verifiable lawful purposes, which include hunting, sport shooting, evaluation, exhibitions without sale, and repair.

2.[F10The Secretary of State] may decide that, if no objections to the transit are received within 20 working days from the day of the written request for no objection to the transit submitted by the exporter, the consulted third country of transit shall be regarded as having no objection to the transit.

3.The exporter shall supply the [F11Secretary of State] with the necessary documents proving that the importing third country has authorised the import and that the third country of transit had no objection to the transit.

4.[F12The Secretary of State] shall process applications for export authorisations within a period of time F13... which shall not exceed 60 working days, from the date on which all required information has been provided to the [F12Secretary of State]. Under exceptional circumstances and for duly justified reasons, that period may be extended to 90 working days.

5.The period of validity of an export authorisation shall not exceed the period of validity of the import authorisation. Where the import authorisation does not specify a period of validity, except under exceptional circumstances and for duly justified reasons, the period of validity of an export authorisation shall be at least nine months.

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Textual Amendments

Article 8U.K.

1.For the purpose of tracing, the export authorisation and the import licence or import authorisation issued by the importing third country and the accompanying documentation shall together contain information that includes:

(a)the dates of issue and expiry;

(b)the place of issue;

(c)the country of export;

(d)the country of import;

(e)whenever applicable, the third country or countries of transit;

(f)the consignee;

(g)the final recipient, if known at the time of the shipment;

(h)particulars enabling the identification of the firearms, their parts and essential components and ammunition, and the quantity thereof including, at the latest prior to the shipment, the marking applied to the firearms.

2.The information referred to in paragraph 1, if contained in the import licence or import authorisation, shall be provided by the exporter in advance to the third countries of transit, at the latest prior to the shipment.

Article 9U.K.

1.Simplified procedures for the temporary export F15... of firearms, their parts, essential components and ammunition shall apply as follows:

(a)No export authorisation shall be required for:

(i)

the temporary export by hunters or sport shooters as part of their accompanied personal effects, during a journey to a third country, provided that they substantiate to the [F16Secretary of State] the reasons for the journey, in particular by producing an invitation or other proof of the hunting or sport shooting activities in the third country of destination, of:

  • one or more firearms,

  • their essential components, if marked, as well as parts,

  • their related ammunition, limited to a maximum of 800 rounds for hunters and a maximum of 1 200 rounds for sport shooters;

(ii)

the [F17export] by hunters or sport shooters as part of their accompanied personal effects following temporary admission for hunting or sport shooting activities, provided that the firearms remain the property of a person established outside the [F18United Kingdom or the Isle of Man] and the firearms are [F19exported] to that person.

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(c)The [F21Secretary of State] shall, for a period not exceeding 10 days, suspend the process of export or, if necessary, otherwise prevent firearms, their parts and essential components or ammunition from leaving the [F22United Kingdom], where they have grounds for suspicion that the reasons substantiated by hunters or sport shooters are not in conformity with the relevant considerations and the obligations laid down in Article 10. In exceptional circumstances and for duly justified reasons, the period referred to in this point may be extended to 30 days.

2.[F23The Secretary of State] shall F24... establish simplified procedures for:

(a)the [F25export] of firearms following temporary admission for evaluation or exhibition without sale, or inward processing for repair, provided that the firearms remain the property of a person established outside the [F26United Kingdom or the Isle of Man] and the firearms are [F27exported] to that person;

(b)the [F28export] of firearms, their parts and essential components and ammunition if they are held in temporary storage from the moment they enter the [F29United Kingdom or the Isle of Man] until their exit;

(c)the temporary export of firearms for the purpose of evaluation and repair and exhibition without sale, provided that the exporter substantiates the lawful possession of these firearms and exports them under the outward processing or temporary exportation customs procedures.

Textual Amendments

Article 10U.K.

1.In deciding whether to grant an export authorisation under this Regulation, [F30the Secretary of State] shall take into account all relevant considerations including, where appropriate:

(a)[F31the United Kingdom's] obligations and commitments as parties to the relevant international export control arrangements or relevant international treaties;

(b)considerations of national foreign and security policy, including those [F32contained within guidance made under section 9 of the Export Control Act 2002];

(c)considerations as to intended end use, consignee, identified final recipient and the risk of diversion.

2.In addition to the relevant considerations set out in paragraph 1, when assessing an application for an export authorisation, [F33the Secretary of State] shall take into account the application by the exporter of proportionate and adequate means and procedures to ensure compliance with the provisions and objectives of this Regulation and with the terms and conditions of the authorisation.

In deciding whether to grant an export authorisation under this Regulation, [F33the Secretary of State] shall respect their obligations with regard to sanctions imposed by F34... a decision of the Organisation for Security and Cooperation in Europe (OSCE) or by a binding resolution of the Security Council of the United Nations, in particular as regards arms embargoes.

Textual Amendments

Article 11U.K.

1.[F35The Secretary of State] shall:

(a)refuse to grant an export authorisation if the applicant has a criminal record concerning conduct constituting an offence [F36punishable by a term of imprisonment of not less than four years];

(b)annul, suspend, modify or revoke an export authorisation if the conditions for granting it are not met or are no longer met.

F37...

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Textual Amendments

Article 12U.K.

[F39The Secretary of State] shall keep, for not less than 20 years, all information relating to firearms and, where appropriate and feasible, their parts and essential components and ammunition, which is necessary to trace and identify those firearms, their parts and essential components and ammunition, and to prevent and detect illicit trafficking therein. That information shall include the place, dates of issue and expiry of the export authorisation; the country of export; the country of import; where applicable, the third country of transit; the consignee; the final recipient if known at the time of export; and the description and quantity of the items, including any markings applied to them.

This Article shall not apply to exports as referred to in Article 9.

Textual Amendments

Article 13U.K.

1.[F40The Secretary of State] shall, in case of suspicion, request the importing third country to confirm receipt of the dispatched shipment of firearms, their parts and essential components or ammunition.

2.Upon request of a third country of export which is a Party to the UN Firearms Protocol at the time of the export, [F41the Secretary of State] shall confirm the receipt within the [F42United Kingdom] of the dispatched shipment of firearms, their parts and essential components or ammunition, which shall be ensured in principle by producing the relevant customs importation documents.

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Textual Amendments

Article 14U.K.

[F44The Secretary of State] shall take such measures as may be necessary to ensure that [F45the United Kingdom's] authorisation procedures are secure and that the authenticity of authorisation documents can be verified or validated.

Verification and validation may also, where appropriate, be ensured by means of diplomatic channels.

Textual Amendments

Article 15U.K.

In order to ensure that this Regulation is properly applied, [F46the Secretary of State] shall take necessary and proportionate measures F47... to:

(a)

gather information on any order or transaction involving firearms, their parts and essential components and ammunition; and

(b)

establish that the export control measures are being properly applied, which may, in particular, include the power to enter the premises of persons with an interest in an export transaction.

Textual Amendments

F48Article 16U.K.

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Textual Amendments